At 05:39 AM 5/10/2005, Peder K. Hellegaard wrote:
Anyone interested in a used PCAD 2001 license ?
Just to note the standard caution: if you care about recognition of the transfer by Altium, make sure that the seller is known to Altium as the legitimate owner *and* that the license is transferable. If you ask the seller for the license number, you can then check it with Altium. However:
Altium has told me that PCAD licenses are not transferable unless the underlying business is sold, in which case the license can go with the business. I think the license language prohibits transfer, actually. At least that's what I remember. Enforceable, probably not, but I don't know if it has ever been tested. But if Altium does not recognize the transfer, the license, at best, is worth less than if they did.
My comments are relevant for U.S. licenses, Mr. Hellegaard appears to be in Denmark. I've heard that non-transferability is unenforceable in some countries. My own opinion is that it is unconscionable, that in a contest at common law, it would be tossed.
The only argument for nontransferability that I've ever heard that had any merit was the argument that the software company would have to provide support for a new user. But this argument confuses support with licensed use. A company certainly is not obligated to train an indefinite number of users based on one license sale, so a clause that provides that certain kinds of support would not be provided when a license is transferred, that would be fine.
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